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1 The Globalization of Academic Entrepreneurship? The Recent Growth (2009-2014) in University Patenting Decomposed Loet Leydesdorff,* a Henry Etzkowitz, b and Duncan Kushnir c Abstract The contribution of academia to US patents has become increasingly global. Following a pause, with a relatively flat rate, from 1998 to 2008, the long-term trend of university patenting rising as a share of all patenting has resumed, driven by the internationalization of academic entrepreneurship and the persistence of US university technology transfer. We disaggregate this recent growth in university patenting at the US Patent and Trademark Organization (USPTO) in terms of nations and patent classes. Foreign patenting in the US has almost doubled during the period 2009-2014, mainly due to patenting by universities in Taiwan, Korea, China, and Japan. These nations compete with the US in terms of patent portfolios, whereas most European countrieswith the exception of the UKhave more specific portfolios, mainly in the bio- medical fields. In the case of China, Tsinghua University holds 63% of the university patents in USPTO, followed by King Fahd University with 55.2% of the national portfolio. Keywords: university patents, Bayh-Dole Act, nations, IPC, CPC, USPTO a University of Amsterdam, Amsterdam School of Communication Research (ASCoR), PO Box 15793, 1001 NG Amsterdam, The Netherlands; [email protected] ; *corresponding author b Department of Management, Birkbeck, University of London, London WC1E 7HX, UK; [email protected] c Environmental Systems Analysis, Chalmers University of Technology, Göteborg, Sweden; [email protected]

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The Globalization of Academic Entrepreneurship?

The Recent Growth (2009-2014) in University Patenting Decomposed

Loet Leydesdorff,*a Henry Etzkowitz,

b and Duncan Kushnir

c

Abstract

The contribution of academia to US patents has become increasingly global. Following a pause,

with a relatively flat rate, from 1998 to 2008, the long-term trend of university patenting rising as

a share of all patenting has resumed, driven by the internationalization of academic

entrepreneurship and the persistence of US university technology transfer. We disaggregate this

recent growth in university patenting at the US Patent and Trademark Organization (USPTO) in

terms of nations and patent classes. Foreign patenting in the US has almost doubled during the

period 2009-2014, mainly due to patenting by universities in Taiwan, Korea, China, and Japan.

These nations compete with the US in terms of patent portfolios, whereas most European

countries—with the exception of the UK—have more specific portfolios, mainly in the bio-

medical fields. In the case of China, Tsinghua University holds 63% of the university patents in

USPTO, followed by King Fahd University with 55.2% of the national portfolio.

Keywords: university patents, Bayh-Dole Act, nations, IPC, CPC, USPTO

a University of Amsterdam, Amsterdam School of Communication Research (ASCoR), PO Box 15793, 1001 NG

Amsterdam, The Netherlands; [email protected] ; *corresponding author b Department of Management, Birkbeck, University of London, London WC1E 7HX, UK; [email protected]

c Environmental Systems Analysis, Chalmers University of Technology, Göteborg, Sweden;

[email protected]

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1. Introduction

University patenting originated in the U.S.A. from the need to protect public health and safety

and the university’s reputation by controlling the manufacture of drugs and food-related products

invented by its staff (e.g., insulin, milk purity analysis devices; Apple, 1989; Bliss, 1982). That

income could be generated from licensing patents to manufacturers was an ancillary consequence

realized by only a few professors and their universities. Some, like the University of Wisconsin,

soon made it a feature of their academic policy, providing a model for later legislation

(Etzkowitz, 2015).

The Bayh-Dole Act of 1980 changed the game for university patenting in the US by granting

ownership of inventions to universities (and other organizations conducting government-funded

research). Prior to the enactment of Bayh-Dole, the US government had accumulated 28,000

patents, but fewer than 5% of these patents were commercially licensed (US General Accounting

Office, 1998: 3, at https://en.wikipedia.org/wiki/Bay-Dole_Act ; cf. Berman, 2008; Etzkowitz &

Stevens, 1995). The share of patents in the US won by universities grew exponentially for more

than two decades (1976-2008). The Bayh-Dole Act was also imitated by other nations as a

potential means to bring university research closer to relevant markets (Callaert et al., 2013).

However, in the decade 1998-2008 university patenting entered a period of relative decline.

Leydesdorff & Meyer (2010) discussed this as “the end of the Bayh-Dole effect,” while

Etzkowitz (2013) warned that the academic analysis of university patenting can suffer from

excluding contexts and focusing exclusively on numbers of patents and rates of revenue.

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A new growth trend in the share of university patenting is clearly visible since 2008. Which

factors are driving this new growth? In recent decades, patents have become more common as an

alternative publication outlet for university staff. One can consider university patenting also as a

sign of the entrepreneurial transformation of universities (Gibbons et al., 1994; Slaughter &

Rhoades, 2004); but numbers of patents have not yet been appreciated in major rankings of

universities such as the ARWU (Shanghai) or Leiden Rankings.1 Patenting is expensive,

2 so one

can assume that a university, academic scholars, or technology transfer officers must have strong

reasons to take the commercial risk of filing for a patent (e.g., Breschi et al., 2005; Göktepe-

Hulten & Mahagaonkar, 2010; Owen-Smith & Powell, 2001). The reasons for university

patenting may extend well beyond financial motives (Etzkowitz and Göktepe, 2015).

The economic effects of academic patents are difficult to specify, but recent efforts suggest a

“pebble cast on water effect” of ever-broadening impact on academic research, firm growth, and

tax revenues. TTOs often perform a variety of research and regional development functions that

may enhance the rate of future applications and also contribute to a penumbra of economic and

social development activities. Stevens et al. (2016: 139; 143), for example, provide indicative

data on firm growth and tax revenues, e.g., 50 billion dollars of the value of the Amgen firm

traceable to public sector research, generating 143 billion of private-sector wealth. These

authors estimate that five billion in tax impact has derived from 850 million of university royalty

income (Swiggart, 2003).

1 The Academic Rankings of World Universities (ARWU) for 2015 can be found at

http://www.shanghairanking.com/ ; the Leiden Rankings of top-universities of the Center for Science and

Technology Studies at http://www.leidenranking.com/ . 2 More recently, US law allows a preliminary application to be filed at little cost while commercial potential is

explored.

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Nonetheless, most universities do not earn from patenting (Geuna & Nesta, 2006). A few

universities, like Stanford and NYU, have gained considerably from successful patents. Some

universities have lost money by entering this market; others have made huge profits, but

typically on a relatively small proportion in a portfolio in which other applications could not

succeed at commercialization (Breznitz & Etzkowitz, 2016). Recently (December 9, 2015),

Boston University (BU) won a court case about a patent for blue LEDs invented by Theodore

Moustakas (USPTO Patent nr. 5,686,738; Nov. 11, 1997). BU was awarded US$13 million for

the infringement of this patent by three Taiwan-based companies.

Patents remain indicators of invention, situated at the very beginning of a pipeline that is still far

from market introduction and innovation, let alone revenue and profit. The environment can be

considered as “hyper-selective” with the odds against newcomers to the market (e.g., Bruckner et

al., 1994; Dosi, 1982). A plethora of measures have been proposed and implemented—e.g.,

translational research funds at the university (MIT, Deshpande; UC San Diego, the Von Liebig

Centre), at the state level (California Stem Cell Initiative), and at the national level (NIH)—to

move the process forward along the innovation process through an “assisted linear model” of

innovation, including incubators, accelerators, and regional innovation eco-systems (Etzkowitz,

2006). However, universities often do not patent, especially in incremental engineering topics,

but leave the patenting to an industrial partner in compensation for other benefits or ongoing

research collaborations.

From an innovation-systems perspective, patenting, and university patenting in particular, can

perhaps be considered as early indicators of change. Furthermore, patents at USPTO have been

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considered as more competitive for emerging markets than patents filed with other national or

regional patent offices (Criscuolo, 2004; Jaffe & Trajtenburg, 2002). Note that concepts such as

“national innovation systems” (Freeman, 1987; Lundvall, 1988) and “the knowledge-based

economy” (David & Foray, 1995) emerged much later in (e.g., OECD) policy documents than

the introduction of the Bayh-Dole Act in 1980 (Godin, 2006).

After “the end of the Bayh-Dole effect”

After a long period of exponential growth in university patenting in the US (1976-2008), the

decade 1998-2008 can be considered as a period of relative decline. Feldman and Clayton (2016)

attribute the downturn in 2008 to the global economic recession. However, the period of relative

decline antedates the recession, and the recession does not by itself explain the growth since

2008.

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Figure 1: Long-term trends of the percentage share of USPTO patents granted to universities and

institutes of technology.

Figure 1 analyzes the three periods in terms of their best-fit lines: an exponential upswing until

the late 90s, a decline between 1998 and 2008, and resumed linear growth thereafter. Whereas

exponential growth in the first period may be indicative for an endogenous self-reinforcing

development—presumably triggered by the Bayh-Dole Act (Mowery et al., 2001; Sampat, 2006;

cf. Kenney & Patton, 2009)—linear growth is more likely the result of an external driver. What

may be the independent variables of this upward trend? Leydesdorff & Meyer (2013) suggested

that patenting by non-US universities at USPTO could be one of the sources of the upswing.

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In order to answer this question in greater detail, we decompose the numbers for the latter period

in terms of nations and International Patent Classifications (IPC). International Patent

Classifications provide a fine-grained index system of patents worldwide that is now further

developed in collaboration between USPTO and the European Patent Organization (EPO) into

the system of Cooperative Patent Classifications (CPC).3 The system is elaborated to the level of

14 digits; but we use the 129 classes at the 3-digit level and the 670 classes at the 4-digit level—

that are similar between IPC and CPC—as (however imperfect) indicators of the substantive

dimension. In the geographical dimension, the analysis is pursued at the level of nations: which

nations are capturing a hold in these high-tech markets by means of university patenting, and in

terms of which technologies? Can the patterns inform us about competitive edges? The national

portfolios can be decomposed further in terms of lower-level geographical units or specific

universities, mutatis mutandis (Leydesdorff, Heimeriks, & Rotolo, 2015).

2. Data and Methods

USPTO patents are publicly available for download at

http://patft.uspto.gov/netahtml/PTO/search-adv.htm . We use online search data and therefore

whole-number counting. For the decomposition, USPTO data was additionally batch-

downloaded by one of us as a complete set for the period 1976-2014 from Google on October 2,

2015. This set contains 4,965,279 patents ranging from 70,194 patents granted in 1976 to

301,643 in 2014. The analysis is restricted to so-called “utility” or technical patents; design

patents and genetic sequences were excluded, and reissued patents are only counted once. This

3 IPC was replaced with the Cooperative Patent Classification by USPTO and the European Patent Organization

(EPO) on January 1, 2013. CPC contains new categories classified under “Y” that span different sections of the IPC

in order to indicate new technological developments (Scheu et al., 2006; Veefkind et al., 2012).

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data set is therefore approximately 10% smaller than that obtained by searching online for a

given year, with design patents accounting for most of the difference.

The number of total patents exhibits linear growth during the entire period 1976-2008 (r2 > 0.90)

with an increase (β) of approximately 4,700 patents per year. After 2008, the growth accelerates

to more than 25,000 patents granted per year (r2 > 0.96). The increase of university patenting

during most of this period is thus part of a general trend, but was reinforced to an exponential

trend during the period 1975-1998. The linear trend in university patenting since 2008 is based

on an increase of approximately 1,000 patents/year (that is, an increase of 0.16% in the share of

USPTO total per year).

For reasons of clarity, we shall express all our findings below as percentages of yearly totals of

patents at USPTO and thus normalize for the growth in volume. We use granted patent dates

because using filing dates would make our results unreliable for the last few years. The search

string used in each consecutive year is ‘AN/University OR AN/”Institute of Technology” OR

AN/universite OR AN/universitat OR AN/ecole OR AN/universiteit’.4 The abbreviation “AN”

stands for “assignee name” in USPTO. The data for the period 2009-2014 is organized in terms

of the 62 nations holding university patents in the database, and both 129 IPC categories at the

three-digit level and 670 IPC-4 digit classes. Of these classes, 108 and 385, respectively, were

assigned to these patents. IPC classes can also be cross-tabled with the national addresses, so that

strength and growth can be indicated for each nation with the different granularities of IPC-3 and

4 The diacritical characters in “école” and “universität” cannot be included online. This search string can be further

extended with names in other languages such as “universidad” in Spanish. We return to this issue in the discussion

section.

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IPC-4. As noted, nations can be decomposed into lower-level units like cities by using, for

example, the zip-codes in the address field.

3. Results

3.1. US versus non-US

Are the recent increases in university patenting due to foreign patenting in the U.S.A.? The

Japanese government, for example, heavily subsidizes and rewards patenting by university staff,

but in Japan university patenting has nevertheless stagnated at the national level (Nishimura,

2011). Furthermore, one would expect increases of Chinese patenting in the database in recent

years, due to the rapid expansion of the Chinese economy and academic entrepreneurship during

the period under study.

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Figure 2: US versus non-US university patenting with USPTO. (Data is based on whole-number

counting.)

Figure 2 shows the numbers of patents granted to US and non-US universities as percentages of

the database. Whereas the numbers tend to stabilize for American universities at an aggregate of

almost 1.6%, the proportions of patents granted to non-US universities has doubled during these

five years (from 0.6% in 2009 to 1.2% in 2014). (Note that because of the whole-number

counting, co-assignments between US and non-US universities are counted as full points in both

segments.) As a percentage of the aggregate of patents with university addresses, the American

share has declined during these years from 70.1% to 57.5%, while in the overall database the

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American share is more or less stable (approximately 45%). In sum, the growth is largely due to

foreign patenting.

Table 1: Countries with growth rates in university patenting larger than the USA; 2009 = 100.

Country Volume in 2014

given 2009 = 100 N of university

patents in 2014

Saudi Arabia 1,788 143

Norway 1,300 13

India 1,200 48

South Africa 850 17

Korea, Republic of 459 500

Denmark 457 32

Belgium 429 90

China 381 362

Japan 355 720

France 352 236

Taiwan, Province of China 350 888

Ireland 344 31

Israel 247 126

Switzerland 220 55

United Kingdom 218 181

The Netherlands 207 29

Canada 198 192

United States 191 5218

Table 1 lists the countries with growth rates in the number of patents granted to universities

greater than that of the USA during the period 2009-2014. Although the growth rate of Saudi

Arabia is spectacular, the numbers are relatively small, ranging from eight in 2009 to 143 in

2014. The large players and rapid growers, however, are the Asian countries: Taiwan, Korea,

Japan, and China. France, Israel, the UK, and Canada are medium-size players, and the other

European countries follow with modest contributions (N < 100). India, Norway, and South

Africa are rapid growers, but modestly sized. Note that Latin American countries are not on this

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list. Brazil, for example, holds only 13 university patents granted in 2014; Mexico nine; and

Argentina only a single one.5

3.2. Patent classes

Figure 3 and Table 2 show the decomposition of the growth in terms of 4-digit patent classes

assigned to university patents (in USPTO) between 2009 and 2014.

Figure 3: Twenty three patent classes that contributed more than 1% to university patenting at

USPTO in 2014.

5 These results include the additional terms “universidade” or “universidad” in the online searches.

0%

2%

4%

6%

8%

10%

12%

14%

16%

2009 proportion 2014 proportion

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Table 2: Top ten classifications at the 4-digit level of IPC used in university patenting 2014.

CPC-4 digits Definition (shortened) N

(2014)

Proportional change

2009-214

A61K preparations for medical, dental, or toilet purposes 1328 +16%

H01L

semiconductor devices; electric solid state devices not otherwise

provided for 583

+28%

G01N

investigating or analysing materials by determining their chemical or physical properties

490

-20%

G06F electric digital data processing 445 +20%

C12N micro-organisms or enzymes; compositions thereof 381 -12%

A61B diagnosis; surgery; identification 367 +57%

G06K

recognition of data; presentation of data; record carriers; handling record carriers 261 +47%

C12Q measuring or testing processes involving enzymes or micro-organisms 246 -37%

C07D heterocyclic compounds 223 +44%

A01N preservation of bodies of humans or animals or plants or parts thereof 215 +9%

The changes between 2009 and 2014 (in the right-most column of Table 2) are in tens of

percentages. Is this indicative of relatively rapid shifts of academic agendas at research fronts?

3.3. Which nations are increasing their presence in which IPC classes?

The two main dimensions of the set—the institutional one analyzed here in terms of nations and

the substantive one that we try to capture with IPC classes—can also be cross-tabled. This matrix

contains a wealth of information:

1. The distributions of IPC classes over nations in the data can be overlaid on Google maps

using, for example, the software made available at

http://www.leydesdorff.net/software/patentmaps/ (Leydesdorff & Bornmann, 2012;

Leydesdorff, Alkemade, Heimeriks, & Hoekstra, 2015).

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2. The distributions of nations over IPC classes can be overlaid on the IPC-based maps

developed by Leydesdorff, Kushnir, & Rafols (2014), available at

http://www.leydesdorff.net/ipcmaps/ .

Figure 4 shows the network of 28 nations versus 69 IPC codes at the three-digit level that forms

the (k = 3) core group in the 2014 set.6,7

6 Eight nodes that are not connected, 44 connected with a single link, and 21 with two links were removed in order

to keep the figure readable. 7 We use the program NetDraw which is particularly suited for visualizing asymmetrical (two-mode) networks

(Borgatti, 2002). NetDraw is freely available at https://sites.google.com/site/netdrawsoftware/home.

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Figure 4: Twenty eight countries and 69 IPC 3-digit categories form the (k = 3) core set of university patenting. (USPTO, 2014).

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Figure 4 shows that universities in the Asian countries (Japan, China, Korea, and Taiwan) have a

pattern of patenting very similar to US universities, whereas European universities (with the

exception of Great Britain) share relations to specific patent categories with the U.S.A. The UK

assumes an in-between position. (As noted, the number of patents from Saudi Arabia [SA] with a

university address is very small.)

Table 3: Most frequently present IPC-4 category in national portfolios of university patenting.

Country Top category IPC 4-digits 2014

Saudi Arabia electric digital data processing G06F

Norway diagnosis; surgery; identification A61B

preparations for medical, dental, or toilet purposes A61K

India recognition of data; presentation of data; record carriers; handling record carriers G06K

South Africa preparations for medical, dental, or toilet purposes A61K

Belgium preservation of bodies of humans or animals or plants or parts thereof A01N

Korea, Republic of electric digital data processing G06F

China semiconductor devices; electric solid state devices not otherwise provided for H01L

Japan semiconductor devices; electric solid state devices not otherwise provided for H01L

Taiwan, Province of China semiconductor devices; electric solid state devices not otherwise provided for H01L

Ireland preparations for medical, dental, or toilet purposes A61K

France preparations for medical, dental, or toilet purposes A61K

Denmark

processes or means, e.g. batteries, for the direct conversion of chemical energy into electrical energy

H01M

Israel preparations for medical, dental, or toilet purposes A61K

Switzerland preparations for medical, dental, or toilet purposes A61K

United Kingdom preparations for medical, dental, or toilet purposes A61K

The Netherlands micro-organisms or enzymes; compositions thereof C12N

preparations for medical, dental, or toilet purposes A61K

Canada preparations for medical, dental, or toilet purposes A61K

United States preparations for medical, dental, or toilet purposes A61K

In Table 3, the IPC-4 classes with relatively the most patents are provided for the same countries

as listed in Table 2 above. Most western nations on this list focus on patenting in the bio-medical

arena; but Denmark is mainly patenting in energy conversion given its industrial focus on

alternative sources of energy. American universities share the focus on the bio-medical category

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with other Western countries, but as noted above, the pattern of patenting at the national level is

more akin to that of the four leading Asian nations. The focus is here on electronic devices.

Table 4: Leading universities in national portfolios 2014.

Country Top-university N national share

Saudi Arabia King Fahd University of Petroleum and Minerals 79 55.2%

Norway Universitetet i Oslo 5 35.7%

India Indian Institute of Technology Bombay 11 22.9%

South Africa University of Cape Town 5 29.4% Korea

Industry-Academic Cooperation Foundation, Yonsei University

24

4.8%

Denmark Technical University of Denmark 8 25.0%

Belgium Universiteit Gent 12 13.3%

China Tsinghua University 228 63.0%

Japan Kyoto University 37 5.1%

France Université Pierre et Marie Curie, Paris 6 7 3.0%

Taiwan National Tsing Hua University 113 12.7%

Ireland Dublin City University 8 25.8% Israel

Yissum Research Development Company of the Hebrew University of Jerusalem

11

8.7%

Switzerland Ecole Polytechnique Féderale de Lausanne 18 32.7%

United Kingdom University of Birmingham 10 5.5%

The Netherlands Technische Universiteit Delft 9 20.9%

Canada University of British Columbia 29 15.1%

United States Regents of the University of California 448 8.6%

Table 4 shows the universities leading in these 18 countries in terms of numbers of patents. The

patent portfolios are highly skewed in the case of China, where 63% of the university patents are

held by Tsinghua University. The King Fahd University follows with 55.2%.

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Conclusions and discussion

After a decade of relative stagnation (1998-2008), university patenting in USPTO has increased

linearly since 2009, rising from approximately 2% to 3% of all annual patents. We have

demonstrated that this growth is driven by foreign universities that maintain patent portfolios in

theUS The four major players are Taiwan, Korea, China, and Japan, but some smaller players

have also begun to patent at USPTO, for example, the King Fahd University in Saudi Arabia.

These patents of new entrants and fast growers are mostly concentrated in electronics, whereas a

group of moderately growing, mostly European countries patent mainly in the bio-medical

sectors.

Our retrievals underestimate the numbers of patents granted to universities a bit, but we do not

expect these trends to be different if one adds other possible variants to the search string. The

initial extension of the search string from only English words to other languages (French,

German, Dutch) did not change the trends significantly. Similarly, the use of online or the batch

results are slightly different, with most of the effect from including design patterns or not. But

also in this case, the trends expressed in percentages remained robustly the same.

In general, university patenting is just an indicator of output. On the input side, university

patenting is driven by contextual factors, including faculty mind-set, university entrepreneurial

culture or resistance against that model, research funding levels and other university income,

TTO capabilities (in finding licensees and/or encouraging start-ups), and general economic

conditions. Patenting is one element in a much broader regime of academic innovation and

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entrepreneurship (Richards, 2009). As Mitra and Edmonson (2014: 472) formulate: “Patenting

represents one way on which universities have become cognizant of their role as exemplary

knowledge producers in terms of both public service and the commercialization of such

knowledge.”

Stevens et al. (2016) even argue that “the social act of transferring technology to industry far

outweighs the profit earned from such activities.” Such a broad socio-innovation framework

(“Better World”)11

is now being developed by the Association of University Technology

Managers (AUTM) alongside the survey metrics in the Statistics Access for Tech Transfer

(STATT) database.12

Since the economic expectations of academic entrepreneurship remain high

in policy discourses, the emerging propensity of non-US universities to patent in the US can be

expected to increase further as part of the broader transformation of universities to an

entrepreneurial mode in which they play a more significant role in economic and social

developments, both on their own initiative and incentivized by national, regional, and

multinational actors (OECD, 2012)

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11

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